Malcolm Segal, a lawyer for Mr. Salyer, said his client had done
nothing wrong. “The allegations against Mr. Salyer are unsupported
except by individuals who have pled guilty and who are seeking a
personal benefit in the sentencing process,” Mr. Segal said.
From: Malcolm Segal
Sent: Tuesday, May 31, 2011 8:39 PM
Dear name deleted:
Insofar as the timing is concerned, the situation is exactly the
opposite of your concern. Following the search in April 2008, Scott
continued to serve as the company CEO, ran the business, retained
counsel to represent him, represent the company and counsel for
various employees and worked with the banking group to finance that
year's crop and produce and sell the company's products. In other
words, the business continued on and he continued to operate it and
travel freely to also assist in Australia. In January of 2009, when
the Rahal plea was made public, he continued on with his business
activities but decided to retain new counsel to prepare his defense.
Robert Pringle of Winston and Strawn was retained to represent the
company and I was retained to be his personal counsel. We both began
to discuss the case with the government and were assured our voice
would be heard.
The bank group became nervous but negotiations nevertheless began to
fund the 2009 crop year on the revolving line of credit on which a
balance was due. In May 2009 the lender group tried to push the
company into a Chapter 11 and eventually moved it into an involuntary
11. They then agreed to a conversion to a voluntary 11. Scott was
involved in all aspects of the business and the lender arrangements
and traveled extensively on business with no objection from the gov.
As 2009 came to an end, the gov attorney was discussing with me the
unsealing of the affidavits for the searches and the wiretaps and
talking about the investigation. Unbeknownst to us, Scott's assistant,
who he trusted, took several hundred thousand dollars in property and
his beloved dog from the home in Carmel - while he was in France - and
claimed he wanted her to have them. After several discussions with the
assistant Scott decided to make a police report and did so. The
assistant, who by then had been contacted by the FBI, made statements
to them that Scott had fled the country and did not intend to return.
None of this was known to Scott. (corrected text - The assistant later pretended to
return the property by moving boxes of other contents into the garage
and returned the dog when the police contacted her.)
Despite the claim that he had fled, Scott came to the US as planned in
February of (corrected text 2010) to visit his daughter who was giving birth to his
grandchild. He had a return ticket to France in his possession and a
one way ticket to the US for later that month. (He intended to visit,
return to France and then come home to live while the case was being
discussed with the gov).
The gov arrested him ON THE WAY INTO THE US and claimed he had fled
the country. (You figure that one out, I cant) Nonetheless, it took
almost seven months to convince the court that he was a good bail risk
and the gov fought bitterly to keep him in jail. He has been released
for almost 8 months now and PreTrial Services considers him to be an
excellent releasee. I might add that his family and several long time
friends posted their own homes as support for his bail with full
knowledge of the allegations.
SEGAL & KIRBY LLP
770 L Street, Suite 1440
Sacramento, CA 95814